deed, matter, or thing whatsoever, whereby or by reason or means whereof they are in anywise prevented or hindered from assigning the parts or shares and premises hereinbefore by them respectively assigned, or expressed and intended so to be: And Further, That they respectively, or their respective executors, administrators, or assigns, shall and will each of them well and truly pay, or cause to be paid, one equal third part of the aforesaid rent

of £ , unto the person or persons for the time being

entitled thereto, when and as the same rent of £ shall

from time to time become due and payable: And Also

shall and will lay out and expend the sum of £ , at

least, in erecting one or more good and substantial messuage or messuages on the aforesaid parts, allotments, or portions, whereof two equal undivided third parts have been hereinbefore assigned to them respectively as aforesaid (d): And Shall and will well and effectually save, defend, and keep harmless and indemnified, the others and each of the others of them, and their and his respective executors, administrators, and assigns, of, from, and against the payment of the equal third part of the aforesaid rent

of £ , and all arrears thereof, and of, from, and against

all actions, suits, distresses, re-entry, right or title of reentry, claims, or demands, for or in respect of the said equal third part of the said rent, or the non-payment

thereof, or for or in respect of the said sum of £ , or

any part thereof, not being so laid out by him as aforesaid, or for or in respect of the breach, or non-observance, or non-performance of any of the covenants, conditions, or agreements in the said indenture of lease contained, so far as the same relate to the parts, allotments, or portions of land, whereof two undivided equal third parts have been so assigned to him respectively as aforesaid (e). In WitNess &c.

(d) This was of course required by the original

Covenants for title in partitions of leaseholds.

(e) As there is no releasee, the covenants are of course entered into by the parties with each other. If the assignment had been to a trustee, in trust to assign the several parts to the intended owners,
LEASEHOLDS.

the covenants in the assignment to him would have been entered into with him, and his covenants against incumbrances, in the several assignments by him, would have made the chain complete.

The Precedent in the text was taken from a draft prepared some years ago by a living conveyancer of reputation, but it is apprehended that the covenants are not those which would now be deemed appropriate. The following covenants will probably come nearer to those established in the practice of the present day, and are more general in their application. A covenant for the validity of the lease may be added, but it is hardly necessary, and perhaps not suited to the nature of the draft.

And Each of them the said A. B., C. D., and E. F., so Covenants by

far as relates to the acts and deeds of himself, his executors, ^?everalpar"

administrators, and assigns, and of the persons and person

claiming or to claim under him and them, doth hereby for

himself, his heirs, executors, administrators, and assigns,

covenant with each of the others of them, his executors,

administrators, and assigns, in manner following: (that is

to say), That, for and notwithstanding any act, deed, —for right to

matter, or thing whatsoever, by them the said A. B., M"*n'

C. D., and E. F. respectively, made, done, committed, or

executed, or knowingly or willingly permitted or suffered,

to the contrary, they the said A. B., C. D., and E. F.

respectively, now have in themselves respectively, good

right, full power, and lawful and absolute authority, to

assign the said undivided third parts or shares, and other

the premises by them respectively hereinbefore assigned,

or expressed and intended so to be, to the others of them

and their respective executors, administrators, and assigns,

for the residue now to come of the said term of

years and months, wanting days, in manner

aforesaid, according to the true intent and meaning of these presents: And That it shall be lawful for them —forquietenthe said A. B., C. D., and E. F. respectively, and their j°yment: respective executors, administrators, and assigns, from time to time and at all times hereafter during the said term of years and months, wanting days, peaceably and quietly to enter into and upon, and to have, hold, occupy, possess, and enjoy the said hereditaments and premises, two equal third parts whereof are hereinbefore Vol. iv. s

cumbrances;

LEASEHOLDS.

assigned to them respectively, and receive and take the rents, issues, and profits thereof, and of every part thereof, to and for their own use and benefit respectively, without the lawful let, suit, trouble, denial, eviction, interruption, claim, or demand whatsoever, of, from, or by the others or either of the others of them, their or his executors, administrators, or assigns, or any person or persons lawfully or equitably claiming or to claim by, from, through, —free from in- under, or in trust for them or him: And That free and clear, and freely and clearly acquitted, exonerated, and released, or otherwise, by the others or other of them, their or his executors or administrators, well and sufficiently saved, defended, kept harmless, and indemnified of, from, and against all and all manner of former and other estates, titles, troubles, charges, and incumbrances whatsoever, either already had, made, executed, occasioned, or suffered by them or him, their or his executors or administrators, or any person or persons lawfully or equitably claiming or to claim by, from, through, under, or in trust for them or —and for fur- him: And Further, That they the said A. B., C.D.,

ther assurance; _ _ .

and E. F., and each of them, their and each of their executors and administrators, and all and every other person and persons whosoever having or claiming, or who shall or may have or claim, any estate, right, title, term, interest, property, claim, or demand whatsoever, either at law or in equity, of, in, to, or out of the said hereditaments and premises, two equal undivided third parts whereof are hereinbefore assigned, or expressed and intended so to be, or any of them, or any part thereof, by, from, through, under, or in trust for them or any of them, their or any of their executors or administrators, shall and will, from time to time and at all times during the said term of

years and months, wanting days, upon

every reasonable request to be made for that purpose, by and at the costs of the person or persons requiring the same, make, do, and execute, and procure to be made, done, and executed, all and every such further and other lawful and reasonable acts, deeds, things, devices, assignments, and assurances in the law whatsoever, for the fur- LEASEHOLDS.

ther, better, more perfectly and absolutely assigning and assuring the said hereditaments and premises, two equal third parts whereof, are hereinbefore assigned, or expressed and intended so to be, and every part thereof, unto them the said A. B., C. D., and E. F. respectively, and their respective executors, administrators, and assigns, for the residue which shall be then to come of the said term of

years and months, wanting days, as by

them the said A. B., C. D., and E. F. respectively, or their respective executors, administrators, or assigns, or his or their counsel in the law, shall be reasonably devised, or advised and required: And That each of them the said _and to pay A. B., C. D., and E. F., his executors, administrators, or jJjJ^JJ assigns, shall and will henceforth, from time to time and and perform

at all times during the said term of years and m respecTa?

months, wanting days, pay one equal third part of fhe ParUtaken

the said yearly rent of £ , by the said indenture of'

the day of reserved, and from and after the

day of last to become payable, and observe

and perform all and every the covenants, conditions, and agreements in the same indenture contained, and on the > part of the lessee, his executors, administrators, or assigns, from and after the said day of last,

to be observed or performed in respect of the premises,

two equal third parts whereof are hereinbefore assigned

to him, his executors and administrators: And Shall —and to in

and will, from time to time and at all times hereafter, df°mifyth»

7mothers in re

save, defend, keep harmless and indemnified, the others, sped thereof, and each of the others, of them the said A. B., C. D., and E. F., their and his executors and administrators, estates and effects, of, from, and against all actions, suits, damages, costs, expenses, claims, and demands, for or by reason or on account of the non-payment of the said equal third part of the said rent, or any part thereof, or the breach or non-observance or non-performance of the said covenants, conditions, or agreements, or any of them. In Witness &c.

260

EXCHANGES.

exCHANGES. The circumstances necessary for a Common Law Exchange are so General obser- special, and the tenure of lands holden under such a title is so invations. convenient, that a proper exchange has become an almost obsolete

The plan now resorted to is that of mutual conveyances, either by the same or different deeds, the consideration for each conveyance being the other conveyance referred to. This method must be pursued, unless both estates are so held as to enable a proper exchange to be effected; and even when a proper exchange can be effected, the advantage of getting rid of the power of mutual eviction usually leads to the plan of mutual conveyance. See the clauses as to Eviction at the end of this draft, and the references above.

CONVEYANCE

XVIII.

CONVEYANCE of Freeholds in Exchange By Way Of for Freeholds and Copyholds conveyed and

Exchange. covenanted to be surrendered respectively, by

Deed of even Date: Proviso Negativing the Right of Re-entry on Eviction: VariaTion where the right of Re-entry on Eviction is intended to be Reserved.